- (1.) VINOD Prasad, J. The applicant, Krishna Kumar Agarwal, is a socio-criminus of offences under Sections 197, 198, 420, 423, 464, 467, 471 and 120-B I. P. C. in Complaint Case No. 261 of 1996 Brij Kishore v. Mangali Singh and Ors. He has approached this Court in its inherent jurisdiction under Section 482 Cr. P. C. with the prayer that his summoning order dated 7-12- 2004 passed by Judicial Magistrate, Hasanpur in the aforesaid Criminal Complaint, for the aforesaid in offences, be set aside and quashed. He has further prayed that the order passed by Additional District Judge (Fast Tract) Court No. 4 Jyotiba Phule Nagar in Criminal Revision No. 7 of 2005, Krishna Kumar Agarwal v. State of U. P. , be also quashed. By the aforesaid revision lower revisional Court had dismissed the revision filed by the present applicant challenging his summoning order dated 7-12-2004 passed by Judicial Magistrate, as has been mentioned above.
(2.) BEFORE coming to the arguments advanced by the learned Counsel for the applicant, a resume of facts in thumbnail description,; are sketched below : Brij Kishore Sharma, a teacher in Sukhdevi Inter College, Hasanpur District Moradabad laid a complaint before Judicial Magistrate, Hasanpur as Complaint Case No. 261 of 1996, with the allegations that he is a teacher in the aforesaid College of which Mangali Singh, accused No. 1, is the Principal. Mangali Singh, aforesaid, by exercising his authority issues false certificates. Shaurabh Kumar Agarwal, accused No. 3, son of the present applicant, who is accused No. 4, was a student of the aforesaid School, who had passed his High School examination in the year 1993 and had taken admission in Class 11-B in the Session 1993-94, with roll number 14663. However, Shaurabh Kumar Agarwal failed in class 11th in the aforesaid session and, therefore, he remained in the said class for the next session 1994-95 with the allotted roll number as 1 and in that year he cleared the said class. Thereafter in July, 1995 Shaurabh Kumar Agarwal took admission in class 12th-B with Roll number 31 but because of his absence in the said class Ashwapati Saxena, C. W. 3, scored out his name from the Student Register. On 4-8-1996 complainant, Brij Kishore Sharma came to know from aforesaid Shaurabh Kumar Agarwal that at the relevant time he was studying in B. Sc. 1st year in Meerut College, Meerut, which fact dismayed the complainant, as Shaurabh Kumar Agarwal had never clear his intermediate examination. On inquiry being conducted by the complaint it transpired that Shaurabh Kumar Agarwal, who is the son of the applicant, in connivance with the applicant, fabricated documents of K. V. Inter College, Machhra District Meerut. Further inquiry by the complainant revealed that Mangali Singh, accused No. 1, had issued a character certificate to accused No. 3, Shaurabh Kumar Agrawal, in connivance with Vivek Kumar, Clerk, accused No. 2 in the complaint, on the basis of which accused No. 3, in connivance with his father, Krishna Kumar Agrawal, accused No. 4, the present applicant, got forged mark sheet prepared on the basis of which he had taken admission in B. Sc. as a regular student, with roll number 558004, but in B. Sc. Part I also he failed. On these facts, since the complainant was of the opinion that the accused has committed fraud and had falsified the documents and forged the mark sheet that he filed the complaint before the Judicial Magistrate, Hasanpur, as his endeavors to lodge a First Information Report in respect of the aforesaid offences were in vein.
(3.) THE complaint filed by the complainant being Complaint Case No. 261 of 1996 was taken up for inquiry by the Magistrate, who recorded the statement of the complainant under Section 200 Cr. P. C. on 26-8-1996, which is Annexure '2' to this application, wherein the complainant reiterated his allegations. In support of his case the complainant prayed to the Court to examine his witnesses and resultantly 7 Court witnesses were examined as C. Ws. under Section 202 Cr. P. C. THEy were Brijesh Kumar Agarwal, Head Clerk of Sukhdevi Inter College, Hasanpur, C. W. 1, Dharam Prakash, Physics Lecturer C. W. 2, Kailash Kishan Gupta, Lecturer, Mathematics, C. W. 3, Ashwapati Saxena, Lecturer English, C. W. 4 all of Shukh Devi Inter College, Hasanpur, A. K. Srivastava of Science Faculty, Meerut College, Meerut, C. W. 5, Sanjeev Kumar Tyagi, Clerk K. V. Inter College, Machhra C. W. 6 and Vijay Pal Singh, Senior Head Clerk as C. W. 7. The learned Magistrate by a detailed order and scanning all the material on record came to the conclusion that in support of the complaint all photo copies of the documents were filed and no original document was produced. From perusal of paper No. 14 Kha, filed by complainant himself, it transpired that Shaurabh Kumar Agarwal had cleared Intermediate examination as a private candidate from K. V. Inter College, Machhara in second division. The learned Magistrate was of the opinion that for believing the case of the complainant, requirement of original documents were necessary. He also came to the conclusion that issuing a character certificate by the Principal does not make out any offence and cannot be believed when the original character certificate was not produced. Magistrate was also of the opinion that so far as present applicant, who was accused No. 4, in the aforesaid complaint is concerned, nothing has been stated as to how and in what manner he had committed forgery and cheating. By a detailed discussion the Magistrate opined that the complaint filed by the complainant was wholly false and, therefore, he dismissed the complaint under Section 203 Cr. P. C on 18-9-2000.;